Legal Question in Real Estate Law in Texas

Property line dispute

Bought my house five years ago. No development on adjacent lot until 2001. New house buyers moved in next door about Apr 2002. Approached by new neighbors' attorney with an agreement letter for me to recognize proper boundary and have use of their strip of land until either of us sell. My existing fence & shed are part of my house and are encroaching over their property line. Attorney who signed my purchase deal advises not to sign anything, get a new survey & try to find out if fence & shed have been there more than 10 years...I'm pretty certain that the existing survey markers coincide with legal description and plat recorded in local county office. Why is he asking for that 10-year info and what recourse do I have...I was led to believe that this would never be an issue at the time I bought. Can anyone refer me to specific section of Texas� Property Code where that 10-year minimum on structures exists? Then maybe I can claim that fence and shed section as my own???? Their attorney sent the certified registered letter informing me that the deadline is May 31st. Help!!!


Asked on 5/14/03, 9:48 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Property line dispute

He is asking about the 10 years because of the doctrine of adverse possession which states that if you have been "possessing" their property without their consent for over 10 years, you can claim that property as yours. The problem with using that doctrine is that you have to go to court to have the judge declare the property as yours to obtain clear title. The cost to go to court would be in excess of $2,000 so I would work it out if I could. A better remedy might be to purchase the strip if it is possible.

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Answered on 5/15/03, 5:20 am
Basil Hoyl Law office of Basil Hoyl

Re: Property line dispute

Cheryl is right that the economics of litigation make settlement a more cost effective option. The statute you seek is in the civil practice and remedies code � 16.021 and following instead of the property code. You can find Texas Statutes linked on the links portion of my web site at http://www.reasonable-doubt.com

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Answered on 5/16/03, 10:16 am


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